Bobst Manchester v Nordmeccanica (CFI, 26 January 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 26 January 2026 (UPC_CFI_1064/2025), the President of the Court of First Instance granted the request of Nordmeccanica, defendant to Bobst Manchester’s infringement action before the Munich Local Division (EP 3 067 437, vacuum coating method), and changed the language of the proceedings from German to English, the language in which the patent was granted. The headnote states that where the balance of interests is equal, the defendant’s position is decisive. The order follows the Court of Appeal’s line favouring the language of the patent where neither party has any connection with the language of the proceedings.

Question

Should the proceedings switch from German to English, the language of the patent, under Art. 49(5) UPCA, where neither the British claimant nor the Italian defendant works in German?

Decision

The President noted that both parties were litigating in a language they do not use internally and that their size had not been addressed. English is commonly used in the technical field, as shown by the patent’s references and the exhibits. Under the Court of Appeal’s case law, the language of the patent cannot be regarded as unfair to the claimant, whereas the defendant, bound by strict time limits, is considerably disadvantaged. The change comes at an early stage and requires no accompanying measures. The language of the proceedings was changed to English, without any translation or interpretation conditions.

Key points for practice

• Where the balance of interests is even, the defendant’s position prevails.
• A claimant choosing a language other than that of the patent should expect a request for a change at the outset of the case.

Provisions applied

Agreement on a Unified Patent Court

Arts 49(1), (2) and (5) and 73(2)(a)

Rules of Procedure

Rules 220.1(c), 323.1, 323.2 and 323.3

Case law cited

Curio Bioscience v 10x Genomics, Court of Appeal, 17 April 2024 (UPC_CoA_101/2024), Court of Appeal, 18 September 2024, UPC_CoA_354/2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.